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  1. #1
    Join Date
    Jan 2006
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    38,867

    Default Re: What Are My Rights Regarding Dog Defication on My Side of a Shared Right of Way

    who owns the underlying property of the ROW?

  2. #2

    Default Re: What Are My Rights Regarding Dog Defication on My Side of a Shared Right of Way

    You have the right to get some rubber gloves and toss the leavings over to their side.

    Stephen

  3. #3
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    Jan 2006
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    Default Re: What Are My Rights Regarding Dog Defication on My Side of a Shared Right of Way

    No, he doesn't Stephen. While a cop would likely sympathize with the action, it is not allowable to re-gift items such as this.

  4. #4

    Default Re: What Are My Rights Regarding Dog Defication on My Side of a Shared Right of Way

    JK, you are almost certainly technically correct in that. But, I'll bet you $1 that there isn't court in the land that would uphold it.

    But to seriously try to lend assistance to Peanut111, I will say....

    First a few questions and assumptions: 1) Is the neighbor walking the dog or does the dog roam free? I will guess they walk the dog as you said "the neighbor" uses your property.
    2) Is this a road right of way that both of you have houses on or is it an access easement that runs through yours or theirs property? I will guess it is an access easement as you said that you "share a right of way".

    If I'm wrong in my assumptions, please correct me. I would say that the access easement can not be used just as a dog walk. A driveway access easement can not be used for anything other than that; as a means of getting from house to main road. Thus, if they just walk Fido along your part of the easement and back then they are violating the law. But if they are definitely walking to the main road and then walking along the main road (i.e. using the easement as it was intended) but the dog still leaves cookies on your property while on the way to or from the main road, then I'm not sure that you can do anything about that.

    That being said, I would be surprised if this is not addressed in local ordinances somewhere apart from property boundary law. A call to local planning and zoning might give you the information you need.

    Stephen

  5. #5
    Join Date
    Nov 2010
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    21

    Default Re: What Are My Rights Regarding Dog Defication on My Side of a Shared Right of Way

    What would happen is a nice sized garbage can from the dump or a local restaurant accidentally fell off your truck on his side? Of course you'd be obligate to pick up the container.
    Then negotiate. Or maybe the dog would eat it and end the difficulty.

  6. #6
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    Default Re: What Are My Rights Regarding Dog Defication on My Side of a Shared Right of Way

    Quote Quoting Stephen Calder
    View Post
    JK, you are almost certainly technically correct in that. But, I'll bet you $1 that there isn't court in the land that would uphold it.

    But to seriously try to lend assistance to Peanut111, I will say....

    First a few questions and assumptions: 1) Is the neighbor walking the dog or does the dog roam free? I will guess they walk the dog as you said "the neighbor" uses your property.
    2) Is this a road right of way that both of you have houses on or is it an access easement that runs through yours or theirs property? I will guess it is an access easement as you said that you "share a right of way".

    If I'm wrong in my assumptions, please correct me. I would say that the access easement can not be used just as a dog walk. A driveway access easement can not be used for anything other than that; as a means of getting from house to main road. Thus, if they just walk Fido along your part of the easement and back then they are violating the law. But if they are definitely walking to the main road and then walking along the main road (i.e. using the easement as it was intended) but the dog still leaves cookies on your property while on the way to or from the main road, then I'm not sure that you can do anything about that.

    That being said, I would be surprised if this is not addressed in local ordinances somewhere apart from property boundary law. A call to local planning and zoning might give you the information you need.

    Stephen
    I believe until the OP clarifies exactly whose property this is, there is no real answer that means much.

    If the property being pooped on is part of the easement and the neighbor is the servient tenant, then there isn't really much the OP can do about it unless there is a law against allowing your dog to poop on your property.

    If the OP is the servient tenant, then the OP should simply contact the police and make a report. If there is no law applicable to the situation, then OP needs to send a cease and desist demand to the pooper as well as a demand for him to clean it up. If the neighbor refuses, then OP can either have it cleaned up and demand payment for the services from the neighbor and sue if rebuffed or go to court and seek an injunction ordering the neighbor to clean up the poop and refrain from allowing his dog to poop on the neighbors property.

    Self help often gets one into trouble and the one needing help in the beginning often ends up being the one penalized in the end.

  7. #7

    Default Re: What Are My Rights Regarding Dog Defication on My Side of a Shared Right of Way

    Self help often gets one into trouble and the one needing help in the beginning often ends up being the one penalized in the end.
    This is SO going in my fav quotes file!

  8. #8
    Join Date
    Mar 2011
    Posts
    2

    Default Re: What Are My Rights Regarding Dog Defication on My Side of a Shared Right of Way

    thx to all for your input, pardon my lack of legal understanding...this ROW runs between mine and my neighbor's houses, basically part of both our side/back yards. It is used to connect a dead end street behind us both to the main road we both live on. Our backyard is fenced but as was explained when we purchased a year ago, we own 4 ft+ of land outside of the fence, but for obvious reasons cannot enclose. I will also add the neighbors do use the front half of this space (we have no fence there) as additional driveway space. Their dog is let loose to do his business and comes over to the area well within our 4ft+ (trained that way??) to leave his large 'gifts'. We maintain that property, as it is ours, even though public. Grandpa says to call the Health Inspector?

    I would agree except I like the dog way more than anyone who lives in the house

  9. #9
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    Default Re: What Are My Rights Regarding Dog Defication on My Side of a Shared Right of Way

    If the poo is being left outside of the easement, call the health department or even the police. If this is on the easement where you are the servient tenant (actually own the underlying property), same thing; health department or police.

    I would also send a letter demanding he cease and desist that acts and demanding he clean up the poo.

    If he fails to comply and the health department or police cannot take any action against him, either sue him seeking an injunction ordering him to clean up the area or clean it up, or even hire somebody to do it, and sue the neighbor for the costs.

    Ya lost me on this:

    We maintain that property, as it is ours, even though public.
    Is it yours or is it public land? If public land, you are limited to calling the health department or police. I'm not seeing why you would consider it public though. Even an easement remains private property, even if it is for the use by the public. In your situation, it sounds like you and the neighbor are the only tenants (users) of the easement and if so, it is definitely not public.

  10. #10
    Join Date
    Nov 2010
    Posts
    21

    Default Re: Dog Defecation on My Side of a Shared Right of Way

    Actually there may well be a local ordnance requiring that the pet owner pick up and dispose of the poop from the dog each time. I would check that and if it is there have it enforced.

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